26650045 ACUSHNET RIVER ROWING FLOATING DOCK-IFB.pdf

INVITATION FOR BID

CITY OF NEW BEDFORD, MASSACHUSETTS

Department of Parks Recreation and Beaches

Acushnet River Rowing Floating Dock

IFB # 26650045

Due: Thursday, November 20, 2025 at 2:00 pm

Jonathan F. Mitchell Mayor Parks Recreation & Beaches

181 Hillman Street, Bldg. 3 New Bedford, MA 02740

Invitation for Bid # 26650045

Advertisement Acushnet River Rowing Floating Dock

The City of New Bedford, acting through its Department of Parks Recreation & Beaches is soliciting sealed bids for the Construction and Installation of a Floating Dock System on the Acushnet River. The scope of work includes, but is not limited to permitting, mobilization, staging, fabrication and installation of floating dock sections, aluminum ramp, anchors, and a precast concrete slab/beam as specified in the bid documents. The bid process and award of this Contract will be under the provisions of M.G.L. Chapter 30, § 39M. The estimated budget for this project is $125,000, funded through the Community Preservation Act, the estimated completion date for this project is Fall 2026

Electronic copies of the Invitation for Bids (IFB) may be obtained by visiting the City’s electronic bidding platform at https://www.bidnetdirect.com/massachusetts/newbedford beginning on Friday October 17, 2025. Only interested parties who have downloaded documents or otherwise registered their interest in this solicitation via BidNet Direct will be considered official plan-holders.

A site visit will be conducted for the benefit of potential bidders on Tuesday October 28, 2025, at 1:00 pm at 720 Belleville Avenue, New Bedford MA 02745.

Sealed bids will be received electronically by the Purchasing Department until Thursday November 20, 2025 at 2:00 pm. Bids must be submitted electronically via the City of New Bedford Solicitation webpage on BidNet Direct:

https://www.bidnetdirect.com/massachusetts/newbedford until the above time and date. It is recommended that bidders send an email to purchasing@newbedford-ma.gov to confirm that they have submitted their bid to the City successfully through BidNet Direct.

The City is an Equal Opportunity Employer and encourages MBE/WBE/DBE participation in response to the IFB process.

Awarding Authority City of New Bedford Purchasing Department Molly Gilfeather Rodriguez, Director of Purchasing https://www.bidnetdirect.com/massachusetts/newbedford https://www.bidnetdirect.com/massachusetts/newbedford http://www.bidnetdirect.com/massachusetts/newbedford http://www.bidnetdirect.com/massachusetts/newbedford mailto:purchasing@newbedford-ma.gov

Acushnet River Rowing Floating Dock

IFB# 26650045

INSTRUCTIONS TO BIDDERS

ARTICLE 1. QUALIFICATIONS OF BIDDERS

1.1 Bidders may be investigated by the City of New Bedford (CITY) to determine if they are qualified to perform the Work. All Bidders shall be prepared to submit within five days of CITY’s or ARCHITECT’s request, written evidence of such information and data necessary to make this determination.

1.2 The investigation of a Bidder will seek to determine whether the Bidder is adequate in size, is authorized to do business in the jurisdiction where the Project is located, has had previous experience, whether available equipment and financial resources are adequate to assure CITY that the Work will be completed in accordance with the terms of the Contract, and to provide any other information which will help determine whether that Bidder is qualified to perform the Work. The amount of other work to which the Bidder is committed may also be considered.

1.3 In evaluating Bids, CITY will consider the qualifications of only those Bidders whose Bids follow the prescribed requirements.

1.4 CITY reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy CITY that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the Work contemplated therein.

1.5 The Bidders shall provide three (3) references that are satisfactory to the City by completing the Bidder’s Qualification & Reference Form, which will serve to illustrate the ability of each Bidder’s firm in accordance with these specifications. The references must be from prior contracts, preferably performed within the last 3 years, be similar in size and scope to this contract bid, and include contact names, email addresses, and telephone numbers. CITY reserves the right to reject any Bid if any reference indicates that the Bidder did not perform satisfactorily.

ARTICLE 2. COPIES OF CONTRACT DOCUMENTS

2.1 Bidders must use complete sets of Contract Documents in preparing Bids; neither CITY nor ARCHITECT shall be responsible for errors or misinterpretations resulting from any Bidder’s use of incomplete sets of Contract Documents.

2.2 CITY and ARCHITECT only make copies of Contract Documents available for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

ARTICLE 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

3.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress or performance of the Work, and (c) shall comply with Federal, State and local laws, ordinances, rules and regulations that may in any manner apply to the Work or affect cost, progress or performance of the Work.

3.2 All Bidders are specifically instructed to visit the site of the Work, to ascertain personally, by investigation and observation, the locations of the various starting points of the Work, the extent and character of the Work to be performed, and to familiarize themselves with existing conditions at the site. All Bidders shall verify in the field all dimensions and measurements that are given in the specifications or indicated on the drawings and shall call to the attention of the City any errors, or discrepancies, that s/he may ascertain prior to bidding. Failure of any Bidder to visit the site, existing buildings, and to examine the Contract Documents, shall not in any way relieve said Bidder of any obligation with respect to its bid or of any responsibility under the Contract Documents.

3.3 Before submitting a Bid, Bidders may, at their own expense, make such additional investigations and tests as they may deem necessary to determine their Bid for performance of the Work in accordance with the time, price, and other terms and conditions of the Contract Documents.

3.4 On request, CITY will provide each Bidder access to the site on days and at times mutually agreeable to both CITY and Bidder to conduct such investigations and tests as each Bidder deems necessary for the submission of a Bid.

3.5 The lands upon which the Work is to be performed, rights-of-way for access thereto, and other lands designated for use by the Awarded Bidder in performing the Work are identified in the Supplementary Conditions, General Requirements, and/or in the Drawings.

3.6 The submission of a Bid shall constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of these Instructions to Bidder and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

ARTICLE 4. INTERPRETATIONS

4.1 Questions concerning this IFB must be submitted online by visiting https://www.bidnetdirect.com/massachusetts/newbedford. To submit questions online, log in and use the “Ask a Question” button at the top of the page. If assistance is needed, please contact BidNet’s Vendor Support Department at 800-835-4603, Option 2. Only questions received via BidNet will be responded to. Questions are due by Monday November 3, 2025, at 4:00 pm.

4.2 Written clarifications or interpretations will be issued by Addenda no later than Thursday November 6, 2025, at 4:00 pm. Only questions answered by formal written Addenda shall be https://www.bidnetdirect.com/massachusetts/newbedford.

binding. Oral and other clarifications or interpretations shall be without legal effect. City responses issued as addenda will be issued via Bidnet Direct. Failure of any Vendor to receive any such addendum or interpretation shall not relieve any Vendor from any obligation under this bid as submitted. Only interested parties who download documents or otherwise register their interest in this solicitation via Bidnet Direct will be considered official plan-holders. No oral interpretations will be made to any proposer as to the meaning of any provision of the Request for Proposals or other contract documents. Failure to acknowledge all addenda may result in your submission being rejected as non-responsive.

ARTICLE 5. BID SECURITY

5.1 Each Bid must be accompanied by a Bid Security in the amount of five (5%) percent of the bid amount. The Bid Security shall be submitted electronically via Bidnet Direct.

5.2 In case a Bidder to whom a Contract is awarded shall fail or neglect to execute the Contract and furnish the satisfactory bonds within the time specified, CITY may determine that the Bidder has abandoned the Contract, and thereupon the Bid Forms and acceptance shall be null and void and the Bid Security accompanying the Bid Form shall be forfeited to CITY as liquidated damages for such failure or neglect and to indemnify said CITY for any loss which may be sustained by failure of the Bidder to execute the Contract and furnish the bonds as aforesaid, provided that the amount forfeited to CITY shall not exceed the difference between the Bid Price of said Bidder and that of the next lowest responsible and eligible Bidder, and provided further that, in case of death, disability, or other unforeseen circumstances affecting the Bidder, such Bid Security may be returned to the Bidder. After execution of the Contract and acceptance of the bonds by CITY, the Bid Security accompanying the Bid Form of the Awarded Bidder will be returned.

ARTICLE 6. PERFORMANCE, PAYMENT AND OTHER BONDS

6.1 The Awarded Bidder must furnish a 50 percent (50%) Payment Bond with a surety company acceptable to the City.

6.2 All required Bonds shall be furnished prior to execution of the Contract.

6.3 The standard forms of all required Bonds are contained in this IFB.

ARTICLE 7. BID FORM

7.1 Each Bid shall be submitted electronically via Bidnet Direct. All blank spaces for Bid prices must be filled in with the unit price for the item or the lump sum for which the Bid is made.

7.2 Bid Forms shall be completed electronically. The Bid price of each item on the form shall be stated in words, and in figures. If unit prices are required on the Bid Form, discrepancies between unit prices and their respective total amounts will be resolved in favor of the unit prices.

Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

7.3 Bids by corporations shall be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

7.4 Bids by Limited Liability Companies shall be executed in the Limited Liability Company’s name by the Manager (or other Limited Liability Company officer/representative accompanied by evidence of authority to sign.) The Limited Liability Company address and state where the Limited Liability Company was formed shall be shown below the signature.

7.5 Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title shall appear under the signature. The official address of the partnership shall be shown below the signature.

7.6 All names on the Bid Form shall be typed or printed below the signature.

7.7 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

7.8 The address to which communications regarding the Bid are to be directed shall be shown.

7.9 One copy of each Bid shall be submitted via Bidnet Direct. Bid Security shall be submitted via Bidnet Direct.

ARTICLE 8. RECEIPT OF BIDS

8.1 Sealed Bids shall be received at the time and place indicated in the Invitation for Bid.

8.2 Bidders are cautioned that it is the responsibility of each individual Bidder to ensure that their Bid is in the possession of the responsible official or the designated alternate prior to the stated time and at the place of the Bid Opening. City is not and shall not be held responsible for Bids being delayed for any reason.

8.3 Bidders submitting the form for General Bids shall complete and submit the required attachments with their Bid (Note, the following list of attachments is provided solely for informational use of the Bidder. It is the responsibility of the Bidder to determine and submit all those forms that are required with the Bid):

• Bid Form

• Bid Deposit

• Payment Bond

• City of New Bedford Non-collusion and Tax Compliance Form

• City of New Bedford Vote of Corporation or LLC Certificate of Incumbency and Authority

• OHSA Certification Requirement

• Contractor Certification

• Bidder’s Qualifications and Reference Form

• EEO Forms

• W-9

ARTICLE 9. MODIFICATION AND WITHDRAWAL OF BIDS

9.1 Bids may be modified only by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

9.2 Bids may be withdrawn prior to the scheduled time (or authorized postponement thereof) for the opening of Bids.

9.3 Any Bid received after the time and date specified shall not be considered. No Bid may be withdrawn for a period of sixty (60) calendar days, after the actual date of the opening of the Bids.

ARTICLE 10. AWARD OF CONTRACT

10.1 The Contract will be awarded to "the lowest responsible and eligible bidder" pursuant to General Laws Chapter 30, § 39M. Such a bidder shall possess the skill, ability, and integrity necessary for the faithful performance of the work, shall be able to furnish labor that can work in harmony with all other elements of labor employed, or to be employed, in the work, and shall otherwise comply with all applicable provisions of law. Contract award shall be subject to availability of an appropriation for funding.

10.2 City reserves the right to reject all Bids, to waive all informalities if it is in City's best interest to do so, and the right to disregard all nonconforming, non-responsive, and/or conditional Bids.

10.3 A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected as unbalanced.

10.4 CITY also reserves the right to reject the Bid of any Bidder that CITY considers to be unqualified relative to Article 1 above.

10.5 If the Contract is to be awarded, CITY will give the Awarded Bidder a Notice of Award within sixty (60) calendar days, after the actual date of the opening of the Bids. All Bids shall remain open for sixty (60) calendar days, after the actual date of the opening of the Bids but CITY may, at CITY's sole discretion, release any Bid and return the Bid Security prior to that date.

10.6 Minor informalities are errors of form that do not cast doubt on the intended meaning of the

Bid or the qualifications of the Bidder. If a mistake and the intended offer are both clearly evident in a Bid, the City may correct the mistake to reflect the intended correct offer and notify the Bidder in writing of the correction. In the event that a mistake is evident but the correct intended offer is not, the City may permit the Bidder to withdraw their Bid.

ARTICLE 11. EXECUTION OF CONTRACT

11.1 When CITY gives a Notice of Award to the Awarded Bidder, then within ten (10) calendar days, after the date of receipt of such notification Awarded Bidder shall submit all applicable Contract Documents to CITY. Within twenty (20) calendar days, thereafter CITY will deliver one fully signed copy to Awarded Bidder. CITY will furnish the Contract for electronic signature via Docusign.

ARTICLE 12. SAFETY AND HEALTH REGULATIONS

12.1 This project is subject to the Safety and Health regulations of the U.S. Department of Labor set forth in Title 29 CFR, Part 1926 and to all subsequent amendments, and to any applicable Massachusetts regulations and the Awarded Bidder shall comply with the requirements of these regulations.

12.2 The Awarded Bidder shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL- 91-54).

12.3 The Awarded Bidder and all subcontractors shall furnish to the City, with the first certified payroll report, documentation indicating that each employee has successfully completed 10 hours of an OSHA course in construction safety and health. This course must be approved by the United States Occupational Health and Safety Administration.

12.4 The Awarded Bidder shall have a competent person or persons, as required under the Occupational Safety and Health Act, on the Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act.

ARTICLE 13. WAGE RATES

13.1 Minimum Wage Rates as determined by the Commissioner of the Department of Workforce Development under the provision of the Massachusetts General Laws, Chapter 149, Section 26 to 27H, as amended, apply to this project. Bidders shall, before Bid opening, request if necessary, any additional information on Minimum Wage Rates for those tradespeople who may be employed on this project. A prevailing wage rates sheet for this project is enclosed in this Invitation for Bid. Federal Davis-Bacon Wages may also be required and are enclosed in this

IFB.

ARTICLE 14. MASSACHUSETTS GENERAL LAW ON PROCUREMENT

14.1 The bidding and award of the Contract shall be in full compliance with Chapter 30, § 39M of the General Laws of the Commonwealth of Massachusetts as last revised.

ARTICLE 15. INSURANCE AND INDEMNIFICATION

15.1 Prior to commencement of this Contract, the Awarded Bidder shall obtain at its own cost and expense, the required insurance from insurance companies licensed in their state, carrying a Best’s Financial Rating of “A-” or better, and shall provide evidence of such insurance to the City of New Bedford (City). The policies or certificates thereof shall provide that thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the CITY by registered mail, return receipt requested, for all the following stated insurance policies. All notices shall name the Awarded Bidder and identify the Contract.

15.2 If at any time any of the policies required herein shall be or become unsatisfactory to the CITY as to form or substance, or if a company issuing any such policy shall become unsatisfactory to the CITY, the Awarded Bidder shall upon notice to that effect from the CITY, promptly obtain a new policy, submit the same to the CITY for approval and submit a certificate thereof. Upon failure of the Awarded Bidder to furnish, deliver and maintain such insurance, the Contract, at the sole election of the CITY may be declared suspended, discontinued, or terminated. Failure of the Awarded Bidder to provide and maintain any of the required insurance shall not relieve the Awarded Bidder from any liability under the Contract, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations on the Awarded Bidder concerning indemnification. Prior to contract award, the CITY may waive the requirement of coverage type or amount if not reasonably available and if the City deems it to be in CITY’s best interest to do so.

15.3 Awarded Bidder shall maintain Workers Compensation, General Liability, Automobile Liability, and Umbrella Liability Insurance Policies for the minimum amount required by the Awarded Bidder or as outlined below, whichever limits and coverages are higher. Insurance coverages and certificates shall be provided and include City of New Bedford as an additional insured, on a primary and non-contributory basis, on all liability policies. All such insurance as is required of the Awarded Bidder shall be provided by Awarded Bidder by or on behalf of all subcontractors to cover subcontractor operations performed. The Awarded Bidder shall be held responsible for any modifications, deviations, or omissions in compliance with these requirements by the subcontractors. Minimum required insurance limits (coverage on an occurrence basis):

Marine Commercial General Liability:

· $2,000,000 Products/Completed Operations Aggregate

· $2,000,000 General Aggregate

· $1,000,000 Any One Occurrence

Employers Liability (Coverage “B” on the Workers Compensation Policy)

· $ 500,000 Each Accident

· $ 500,000 Each Employee for Injury by Disease

· $ 500,000 Aggregate for Injury by Disease

· Marine Endorsement for work on water included

Commercial Automobile

· $1,000,000 Combined Single Limit/Bodily Injury and Property Damage

· $1,000,000 Hired/Non-Owned Auto

· $1,000,000 MCS90

Umbrella/Excess Liability

· $2,000,000 Any One Occurrence

· $2,000,000 Aggregate

15.4 Any awarded bidder who does not carry worker’s compensation insurance coverage to protect himself personally from work-related injuries hereby releases, holds harmless and indemnifies the City from any injuries that may occur to the awarded bidder himself during the course of the project. In no way does this provision affect the absolute duty of every awarded bidder to provide worker’s compensation insurance coverage to each and every one of their employees and himself according to the provisions of this Agreement and all applicable state and federal laws.

15.5 To the fullest extent permitted by law, the awarded bidder hereby acknowledges and agrees that it shall indemnify, hold harmless and defend the City, and any of the officers, directors, employees, agents, affiliates, subsidiaries and partners from and against all claims, damages, losses and expenses, including but not limited to, attorney’s fees, arising out of or resulting from the performance of the awarded bidder’s work under this contract, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death or injury to or destruction of tangible property (other than to the Work itself) including loss of use resulting there from, and (2) is caused in whole or in part by any acts or omissions of the awarded bidder, its employees, agents or sub-contractors or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable.

All Insurance Certificates must contain a clause indicating that certificate holders be given a minimum of 30 days’ written notice prior to the cancellation of awarded bidder’s insurance, except for nonpayment. The awarded bidder must furnish the certificate referred to above as an express condition precedent to the awarded bidder’s duty to make any progress payments to contractor pursuant to this Agreement.

15.6 The Awarded Bidder hereby acknowledges its obligation under the forgoing paragraph to indemnify the City of New Bedford against judgments suffered because of the Awarded Bidder’s work and to assume the cost of defending the CITY against claims as described in the forgoing paragraph.

15.7 All Insurance Certificates must contain a clause indicating that certificate holders be given a minimum of 30 days’ written notice prior to the cancellation of Awarded Bidder’s insurance, except for nonpayment. Awarded Bidder must furnish the certificate referred to above as an express condition precedent to the Awarded Bidder’s duty to make any progress payments to contractor pursuant to this Contract.

15.8 The Awarded Bidder must furnish the City with a certificate of insurance in compliance with this contract before the contract is signed.

ARTICLE 16. SPECIAL REQUIREMENTS

16.1 The Awarded Bidder must meet all specifications. Any bid which does not meet these requirements is nonresponsive, incomplete, conditional, and/or obscure, will be rejected. Any bid which contains additions not called for, and/or irregularities of any kind, is non-responsive and will be rejected. The attention of all Bidders is called to General Laws Chapter 156D, which requires in part that, not later than 10 days after it commences transacting business in the commonwealth, a foreign corporation deliver a certificate to the secretary of state for filing.

Bidders required to be registered with the Secretary of State in the Massachusetts Corporate Database must use the same business name in their bidding documents as is listed in the Database for that business. All Bidders must use the same business name throughout all bidding documents, and for the Successful Bidder, throughout all contract documents. Examples of these documents include the bid form, vote of corporation, W-9, and certificate of insurance. Any Bid with multiple and/or inconsistent business names for one business may be rejected by the City.

ARTICLE 17. TAX EXEMPT

17.1 The City will provide the Awarded Bidder for this Project with an Exempt Purchase Certificate and Number issued pursuant to Chapter 14, Acts of 1966, Section 1, Subsection 6 (E) and (F) which will exempt the project cost from the Massachusetts sale tax. Bidders are instructed not to include the sales tax in the Bid Price.

ARTICLE 18. PROJECT SCHEDULE

IFB Available Friday October 17, 2025 Site Visit at 720 Belleville Ave Tuesday October 28, 2025 @ 1:00 pm Questions Due to City of New Bedford Monday November 3, 2025 @ 4:00 pm Final Addendum issued by the City Thursday November 6, 2025 @ 4:00 pm Bids Due to City of New Bedford Thursday November 20, 2025 @ 2:00 pm Project Start - Estimated Spring 2026 Completion Date – Estimated Fall 2026

END OF INSTRUCTIONS TO BIDDERS

Scope of Work

Acushnet River Rowing Floating Dock Proposal for Construction and Installation

1. General Description

The Contractor shall furnish all labor, equipment, materials, transportation, and supervision necessary for the construction and installation of a floating dock system for the Acushnet River Rowing facility, located New Bedford, MA. The project includes mobilization, staging, installation, and demobilization, as described below.

2. Scope of Work

2.1 Permitting

• Obtain and comply with all necessary permits as required for construction and installation activities.

2.2 Mobilization

• Mobilize equipment, materials, and personnel to the job site.

• Establish a staging area suitable for the storage and assembly of dock components.

2.3 Installation

• Equipment and Materials:

o Floating Dock: One (1) 10’ x 120’ floating dock system, assembled in sections of 10’ x 40’.

o Ramp: One (1) 40’ x 16’ aluminum ramp, presumed to arrive as a single piece.

o Stiff Arms & Cables: Two (2) 40’ aluminum stiff arms and associated crossing cables.

o Gravity Anchors: Three to four (3–4) precast concrete gravity anchors (approx.

3,000 lbs each). Anchors shall be placed at the specified elevation within riprap, in accordance with final design drawings.

Placement must be verified and certified by a professional land surveyor retained by the City of New Bedford.

Tolerances for anchor placement: ±0.5" vertically and ±2" laterally.

A sliding connection in the vertical direction is recommended to facilitate installation.

Anchor bases must be ridged (1"–2" deep) and oriented with ridges parallel to the shoreline.

o Concrete Slab/Beam:

One (1) precast concrete slab (approx. 3,000 lbs), approximately 16’ wide, for ramp connection at designated elevation per final design.

The slab must provide a safe, trip-free transition to the ramp.

Contractor is not responsible for access improvements landside of the slab.

The bottom of the slab shall also be ridged (1"–2" deep), with ridges installed parallel to the shoreline.

• Installation Tasks:

o Assembly and placement of floating dock sections.

o Installation of ramp, stiff arms, and crossing cables.

o Installation and placement of gravity anchors and slab as specified.

2.4 Labor

• Provide all skilled labor required for:

o Assembly of dock sections.

o On-site installation of all dock components.

o Placement of concrete anchors and slab/beam per approved plans.

2.5 Demobilization

• Remove all equipment, materials, and waste from the site.

• Restore staging and work areas to original or better condition.

3. General Notes

• The attached layout is preliminary and subject to modification based on the final design provided by the awarded manufacturer.

• The contractor shall assume the scope as described herein. Adjustments may be requested via RFI prior to the commencement of work, upon receipt of final construction drawings.

• The City of New Bedford reserves the right to rebid the project if material costs or contractor pricing increase beyond acceptable limits.

0.

2'

12.0'

.0

PROJECT

NO. PROJECT

TITLE

SCALE NO. DRAWING

DRAWN BY

APPROVED BY

DATE

DRAWING REF

SHEET

PROPRIETARY INFORMATION

Copyright Structurmarine®. This drawing is the property of Structurmarine® and must not be reproduced or copied, in any way, without the written consent of Structurmarine®.

REVISION # DATE APPR. BYDRAWN BYDESCRIPTION

-PR-01

PROPOSAL LAYOUT

Rowing dock NBRC 8046 2024-07-24B.G.

AS SHOWN

B.N.

41°40'27.32"N

70°54'59.05"W

Google Earth Imagery 3/11/2024

PLAN VIEW

GENERAL LAYOUT

1"=30'

SITE AERIAL

MAIN

DOCK

12' X 24'

CORNER

PLATFORM

QTY:2

16' X 30'

INTEGRATED

GANGWAY

PUSH ARM 30'

QTY:4

WIRE CABLE

TYP.

CONCRETE

ABUTMENT

BY OTHERS

SKIFF 62' - 8 SHELLS

REFERENCE

FOR DISCUSSION

AutoCAD SHX Text N

AutoCAD SHX Text Acushment River

Sample Contract

SAMPLE CONTRACT

CONTRACT # 26650045

CITY OF NEW BEDFORD

STANDARD HORIZONTAL CONSTRUCTION CONTRACT

For Projects Subject to M.G.L. c. 30, § 39M

CITY - CONTRACTOR AGREEMENT

This agreement (“Contract”) is made as of the ___day of _____ , by and between the City of New Bedford acting by and through its Department of _______________ with a principal place of business at 133 William Street, New Bedford, MA 02740 hereinafter referred to as the “City” and ___________ with a principal place of business at __________________, hereinafter referred to as the “Contractor”. Terms used in this Contract which are defined in the General Conditions of the Contract shall have the meanings designated therein.

The City and the Contractor agree as follows:

Section 1 - Scope of Work: The Work under this Contract is defined as all work required by the Contract Documents for the construction of _________________________ located at __________________________________, City of New Bedford Contract No. 26650045, in accordance with and as described in the IFB #__________ Plans and Specifications dated _____________, prepared by _________________, ________________________ hereinafter referred to as the “Architect”, as modified by Addenda No._____, dated on ________.

Section 2 - Time for Completion: The Contractor shall commence the Work under this Contract, within 15 calendar days from the date of the City’s electronic mailing of this executed contract, unless otherwise directed in writing by the City, and shall be substantially completed on or before ______________. The Contract may be extended upon a mutually agreed upon change order in accordance with Articles 2.3.B and 6.7.A.5 of the General Conditions.

Section 3 - Contract Price: The City shall pay the Contractor, in current funds, for the performance of the Work, subject to additions and deductions by Approved Change Order(s), the Contract Price of _________________ with no approved alternates (or name alternates if applicable).

Section 4 - Approved Subcontractors: The filed Subcontractors listed in the Contractor’s General Bid submitted by the Contractor have been approved for the performance of the specified portions of the Work. No other filed Subcontractors and no non-filed Subcontractors shall be used for these or any other portions of the Work without the prior written approval of the City, pursuant to Article 6.1 of the General Conditions.

Section 5 - Certifications: Pursuant to the Massachusetts General Laws (M.G.L.) c.

62C, § 49A, the individual signing this Contract on behalf of the Contractor hereby certifies, under the penalties of perjury pursuant to M.G.L. c. 62C, § 49A, that the Contractor has complied with any and all applicable state and federal tax laws, paid all taxes, and complied with all laws of the Commonwealth relating to taxes; and pursuant to M.G.L. 151A, § 19A(b), has complied with all laws of the Commonwealth relating to contributions and payments in lieu of contributions to the Employment Security System; and with all laws of the Commonwealth relating to Worker’s Compensation, M.G.L. c. 152. The individual signing this Contract on behalf of the Contractor further certifies under penalties of perjury that the Contractor is not presently debarred from doing public construction work in the Commonwealth under the provisions of M.G.L.

c. 29, § 29F, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder and is not presently debarred from doing public construction work by any agency of the United States. The Certification is contained in the Bid Package herein submitted by the Contractor.

Section 6 - The Contract Documents: This Contract, together with all the documents listed in this Section 6, constitutes the entire Contract between the City and Contractor and supersedes all prior written or oral understandings. This Contract and said documents listed in this Section 6, may only be amended, supplemented, modified, or canceled by a written instrument duly executed by the City and Contractor.

The following documents form the Contract, are incorporated by reference herein, and are referred to as the “Contract Documents:”

-This Contract -General Conditions -Contract Bonds -Certificate of Insurance -Bid package submitted by the Contractor -IFB # 26650045 Plans and Specifications -The Specifications & Drawings, including Addenda identified in Section 1 above (if none remove this)

The invalidity, illegality or unenforceability of any provision of this Contract or the occurrence of any event rendering any portion or provision of this Contract void shall in no way affect the validity or enforceability of any other portion or provision of this Contract. Any void provision shall be deemed severed from this Contract, and the balance of this Contract shall be construed and enforced as if it did not contain the particular portion or provision held to be void. The City and Contractor further agree to amend this Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent this entire Contract from being void should a provision which is of the essence of this Contract be determined void.

Section 7 – Payment: Payments shall be made as provided in Articles 2.5 and 7 of the General Conditions.

Section 8 – Final Acceptance and Final Payment: See Article 7.7 of the General Conditions.

Section 9 - Liquidated Damages: For the purposes of Article 6.8 of the General Conditions of the Contract, liquidated damages for delay shall be as follows:

$ 300 Per day

Section 10 - Minority Business Enterprise and Women-Owned Business Enterprise Participation Goals and Minority/Women Workforce Utilization Percentages: The Contractor’s Certificate of Understanding of Equal Employment Opportunity Provisions is contained herein as Bid Package that Submitted by the Contractor. The applicable goals, if any, for minority business enterprise and women-owned business enterprise participation established for this Contract are as follows:

MBE: 11 % of the Contract Price. WBE: 5 % of the Contract Price.

DBE: 4% of the Contract Price.

END OF SECTION

GENERAL CONDITIONS

1.0 ARTICLE 1 - DEFINITION OF TERMS

A. Wherever in the Bid or Contract Documents the following terms, or pronouns in place of them, are used, the intent and meaning shall be as follows:

1. Acceptance: Formal written acceptance by the City of the completed Work.

2. Addenda: Written interpretation of and/or revisions to the Bid Documents issued by the City prior to opening of Bids.

3. Alteration: A change or substitution in the form, character, or detail of the Work done or to be done within the original scope of the Contract.

4. Award: Award by the City of a Contract.

5. Bid: Offer of the Bidder for the Work when submitted on the prescribed Bid Form, properly signed, dated, and guaranteed, and which includes the Schedule of Bid Prices.

6. Bid Bond (Bid Security, Bid Guaranty, Bid Deposit): The cash, cashier's or treasurer's check, certified check, or Bidder's Bond accompanying the Bid submitted by the Bidder, as a guaranty that the Bidder will enter into a Contract with the City for the performance of the Work and furnish acceptable bonds and insurance if the Contract is awarded to the Bidder.

7. Bid Documents: Documents provided by the City for the purpose of soliciting Bids for the Work. Bid Documents will include, as applicable, Notice to Bidders, Instructions to Bidders, Contract Specifications, Contract Drawings, Geotechnical Data Reports, and Addenda.

8. Bid Form: Form(s) issued by the City for the submittal of a Bid for a specific project and includes the Schedule of Bid Prices, certifications, affidavits and other forms.

9. Bidder: An individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work on the prescribed Bid Form.

10. Change Order: A document executed and issued to the Contractor by the City amending the Contact.

11. City: The City of New Bedford.

12. Commonwealth: Commonwealth of Massachusetts

13. Contract: This written agreement executed by the City and the Contractor, setting forth the obligations of the Parties thereunder.

14. Contract Bonds:

a. Labor and Materials Payment Bond: A bond executed by the Contractor and the Contractor's Sureties in the full amount of the Contract to ensure the payment of labor, materials, and rental of equipment.

15. Contract Documents: The Contract Specifications and Contract Drawings with revisions made during the Bid period by Addenda and information included in the Bid accepted by the City and all authorized and executed changes to the Contract issued subsequent to the execution of the Contract.

16. Contract Drawings (Drawings): Plans, profiles, typical cross sections, general cross sections, elevations, and details referenced in the Contract Documents, or Addenda thereto approved by the Architect, all of which show locations, character, dimensions, and details of the Work.

17. Contract Item: A specifically described unit of work for which a price is provided in the Contract.

18. Contract Specifications: A set of documents issued by the City for the intended Work which includes the IFB #26650045, Bid package submitted by the Contractor, the City-Contractor Agreement, Contract Bonds, general conditions, and the certificate of liability insurance.

19. Contract Time: Number of calendar days allowed or specified date(s) for completion of the Contract.

20. Contractor: _______________ which, as an independent contractor is solely responsible for methods and means used in performing the services under this Agreement, and is not an employee, agent, or partner of the City, has entered into a Contract with the City, as Party or Parties of the Second Part, and who is referred to throughout the Contact Documents as a masculine singular entity.

21. Days: Every day shown on the Calendar, Saturdays, Sundays and holidays included.

22. Director: Director of Parks Recreation and Beaches, the Department of the City for which the project is being performed.

23. Extra Work: Work which is not included in the Contract as awarded, but found to be necessary for the satisfactory completion of the Contract within its intended scope; and bears a reasonable subsidiary relation to the full execution of the Work originally described in the Contract.

24. Extra Work Order: An order in writing issued by the Architect to the Contractor prior to performing the Extra Work, setting forth the Extra Work to be done, the basis of payment and time adjustments, if any.

Following the issuance of an Extra Work Order, a Change Order will be executed to amend the Contract Documents.

25. General Terms: Wherever the words "required," "determined," "directed," "specified," "authorized," "ordered," "given," "designated," "considered necessary," "deemed necessary," "permitted," "reserved," "suspended," "established," "approval," "approved," "disapproved," "acceptable," "unacceptable," "suitable," "accepted," "satisfactory," "unsatisfactory," "sufficient," "insufficient," "rejected," "condemned," or words like import are used, they shall be understood to imply "by the Architect" or "to the Architect," unless the context clearly indicates a different meaning.

26. Hazardous Environmental Condition: The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.

27. Indicated: A term meaning as shown on the Contract Drawings (Drawings), as described in the Specifications, or as required by other Contract Documents.

28. Instructions to Bidders: Explanation of procedures to be followed in preparing and submitting Bids.

29. Job Superintendent: Shall have the meaning set forth in Article 3.5(B).

30. Notice to Bidders: Advertisement for Bids for a specific Contract. Notice to Bidders will indicate time and place for submitting and for opening of Bids, location of the Work, a brief description of the Work to be provided, and Bid Guaranty required.

31. Notice to Proceed: Written notice from the City to the Contractor to proceed with the Work.

32. City: The City of New Bedford, the individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed.

33. Progress Schedule: Shall have the meaning set forth in Article 2.5.A.1.

34. Project: The total activities for which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents.

35. Provide: In reference to Work to be performed by the Contractor, "provide" means furnish, install, and (as applicable) test complete in place.

36. Reference Utility 'Standards: Drawings and specifications, published by municipalities, utility companies, railroads and other responsible agencies/entities which are included or referenced in the Contract Documents.

37. Schedule of Submittals: Shall have the meaning set forth in Article 2.5.A.2.

38. Schedule of Values: Shall have the meaning set forth in Article 2.5.A.3.

39. Specifications: Directions, provisions, and requirements contained in the Contract.

40. Subcontractor: The individual, firm, partnership, corporation, vendor, supplier, or combination thereof to whom the Contractor, with written approval of the City, sublets any part of the Contract.

41. Surety: Corporate body bound with and for the Contractor for the full and complete performance of the Contract and for the payment of all legal debts pertaining to the Work, and who executed the Contract Bonds.

42. Work: All the construction, materials, equipment, and contractual requirements as specified, shown, or indicated in the Contact Documents, including all alterations, amendments, or extensions thereto made by authorized changes.

END OF ARTICLE I

ARTICLE 2 - SCOPE OF WORK

2.1 INTENT OF THE CONTRACT

A. The intent of the Contract is to provide for the completion in every detail of the Work. The Contractor shall complete the Work to the satisfaction of the Architect at the prices set forth and agreed upon. Where portions of the Work are described in general terms, but not in complete detail, the best general practice shall be followed. Only materials and workmanship of best standard quality shall be used. The Contractor shall, unless otherwise specified, furnish all labor, superintendence, materials, tools, equipment and incidentals necessary to complete the Work in a proper, thorough, and workmanlike manner.

2.2 CHANGES IN THE WORK

A. The City reserves the right at any time during the progress of the Work to make alterations to, deviations from, additions to, and deletions from the Contract Drawings and Specifications. Such changes shall not invalidate the Contract nor release the Surety. The Contractor agrees to accept the Work as changed, the same as if it had been a part of the original Contract. Such changes will be authorized in writing by the Architect. The Contractor shall accept as full compensation for Work, except as specified in paragraph "B" and paragraph "C" of this Article, the Contract unit prices stipulated in the Contract for the actual quantity of Work provided in an acceptable manner. Such changes shall not invalidate the Contract, nor any part thereof.

B. Wherever an alteration, deviation, addition, or deletion involves a change in the nature of design or in the type of construction which increases or decreases the cost of performance of the Work or requires the Contractor to furnish materials or provide work of a kind not susceptible of classification for payment under any of the items scheduled in the Bid, the City and the Contractor may enter into Supplementary Agreements covering the Work to be done and the manner and method of payment therefore. If the Contractor and the City disagree on increased or decreased costs, the changes shall be by a Change Order.

C. If the changes, in the opinion of the Architect, are of sufficient magnitude as to require additional time to complete the Contract, such time adjustment may be made in accordance with the provisions of Article 6.7.

2.3 EXTRA WORK

A. The Contractor shall do any work not herein provided for when and as ordered in writing by the Architect, such written order to contain particular preference to this Article and to designate the Work to be done as Extra Work.

B. Unless specifically noted in the Change Order, Extra Work will not extend the time of completion of the Contract as stipulated in Article 6.7.A.5.

C. Determination of the Architect will be final upon all questions concerning the amount and value of Extra Work, except as provided in Article 5.15.

D. Payment for Extra Work will be in accordance with Article 7.2.

2.4 INCREASED OR DECREASED CONTRACT QUANTITIES

A. The Work is bid on a lump sum basis. The Bid Form does not include quantities and unit rates for which quantity adjustments can be made.

B. The Architect may order omitted from the Work any items or portions of Work. Such omission shall not operate as a waiver of any conditions of the Contract nor invalidate any of the provisions thereof, nor shall the Contractor have any claim for anticipated profit.

Also, see Article 7.4.

C. Except as specified herein, no allowance will be made for any increased expenses, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor resulting either directly or indirectly from such increased or decreased quantities or from unbalanced allocation, among the Contract Items of overhead expenses on the part of the Contractor and subsequent loss of expected reimbursement therefore, or from any other cause.

2.5 BEFORE STARTING WORK

A. Preliminary Schedules: Within 15 days after the Execution Date of the Agreement (unless otherwise specified in Article 6.5), Contractor shall submit to Architect for timely review:

1. A preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents.

2. A preliminary Schedule of Submittals; and

3. A preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.6 PRE-WORK CONFERENCE

A. Before any Work at the Site is started, a conference attended by City, Contractor, Architect, and others, as appropriate, will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.5.A, procedures for handling submittals, processing Applications for Payment, and maintaining required records.

2.7 INITIAL ACCEPTANCE OF SCHEDULES

A. A conference will be held at least 10 days before submission of the first Application for Payment attended by Contractor, Architect, and others as appropriate, for Architect to review for the schedules submitted in accordance with paragraph 2.5.A for acceptability. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Architect.

1. The Progress Schedule will be acceptable to Architect if it provides an orderly progression of the Work to completion within the Contract Time.

Such acceptance will not impose on Architect responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility, therefore.

2. Contractor's Schedule of Submittals will be acceptable to Architect if it provides a workable arrangement for reviewing and processing the required submittals.

3. Contractor's Schedule of Values will be acceptable to Architect as to form and substance if…